Make America Great Again Inc. filed a complaint accusing DeSantis of illegally soliciting millions of dollars as part of a ‘shadow presidential campaign.’
An ethics complaint by allies of former president Donald Trump accusing Florida Governor Ron DeSantis of illegally benefitting from a shadow presidential campaign is nothing more than a “frivolous” and “politically motivated” attack, DeSantis’s office said Wednesday.
The ethics complaint by Make America Great Again, Inc., and first reported by NBC News, accuses DeSantis – a likely Trump competitor for the Republican presidential nomination – of illegally soliciting and receiving millions of dollars in gifts as part of a “shadow presidential campaign.” The complaint was being filed with the Florida Commission on Ethics, whose chair, Glenton Gilzean Jr., was appointed by DeSantis in 2019.
The complaint says there is “strong evidence” DeSantis misused his position as governor and violated prohibitions on the solicitation and acceptance of gifts, federal campaign finance laws, and Florida laws on conflicting employment or contractual relationships.
The complaint calls on the ethics commission to impose on DeSantis “the most severe penalties permitted,” including impeaching or censuring him, removing him from office, or imposing massive fines. “Governor DeSantis’s ham-handed maneuverings have rendered him irreparably conflicted and have left the statehouse vacant,” reads the complaint, authored by former Trump spokesman Taylor Budowich, the former tea partier who now heads MAGA Inc.
“Adding this to the list of frivolous and politically motivated attacks,” Taryn Fenske, the governor’s communications director wrote in a prepared statement. “It’s inappropriate to use state ethics complaints for partisan purposes.”
The complaint comes as Trump has stepped up his attacks on DeSantis, who has not formally announced a presidential run, but is seen by many as Trump’s top rival for the Republican nomination. Texas Representative Chip Roy endorsed DeSantis on Wednesday.
Trump, who announced his candidacy in November, has tried to stick DeSantis with his trademark unflattering nicknames, including Ron DeSanctimonious and Meatball Ron.
Politico reported on Wednesday that Trump and his allies are preparing an expansive opposition research file on DeSantis, with plans to accuse DeSantis of being an “extremely lenient prosecutor” in his time as a government lawyer.
It is not unusual for prospective presidential candidates to publish books or to visit early primary states before announcing a presidential run, as DeSantis has been doing. For decades prospective candidates for federal office have pushed legal boundaries around early campaign activities. They’ve become increasingly brazen in recent years with the birth of Super PACs.
Generally, political contributions are not treated as gifts, but are instead considered to be for the professional political benefit of the recipient. Typically, in political anti-bribery cases, courts have required solid evidence of an explicit quid-pro-quo.
“One fundamental problem with this complaint is that it’s well established at the federal level certainly, and in nearly if not every state, the political contributions are not gifts for the purposes of ethics laws,” Paul Seamus Ryan, an election law expert and deputy executive director of the Funders’ Committee for Civic Participation, told National Review. Ryan has filed several complaints against Trump with the Department of Justice and the Federal Election Commission over the years, including the complaint that hush money to porn star Stormy Daniels by Trump allies constituted an illegal campaign contribution.
Sean Foreman, a political science professor at Barry University in Miami, read a draft of the Trump complaint, and said he does not believe that it is frivolous, though he suspects it is unlikely to lead to DeSantis being impeached or facing a large fine.
“DeSantis is going to say, ‘I’m not a candidate.’ But surrounding him are all the trappings of a candidate,” Foreman. “Is he gaining privileges that he shouldn’t in the role of governor? There’s a case to be made now, and it’s worth looking into.”
The complaint alleges that “Governor DeSantis’s ascension to the national stage” has been “funded by a vast network of political committees, non-profit organizations, and prominent political operatives.” As part of his shadow presidential campaign, DeSantis has “met with influential figures in early primary states,” “launched a personally lucrative book tour,” “held campaign-style rallies with police officers in New York, Philadelphia, and Chicago,”and has “solicited and accepted millions of dollars in benefits,” which should be classified as gifts under Florida law, according to the complaint.
DeSantis’s political committee, Friends of Ron DeSantis, has raised about $12 million, and other political committees are “actively raising money and making expenditures advocating Ron DeSantis’s election as president,” the complaint states.
Ken Cuccinelli, a Republican lawyer and former deputy Homeland Security secretary under Trump who heads the DeSantis-aligned Never Back Down PAC, accused Trump and his allies of playing “establishment games.” Cuccinelli’s PAC was named in the complaint.
“I’m shocked, but not surprised,” Cuccinelli said in a prepared statement. “The overwhelming response we’ve received to building a DeSantis grassroots effort is exciting – and I’m sure intimidating. No wonder the folks on that campaign are nervous. They should be. The MAGA movement is excited to look to its next chapter and future conservative leadership. They are excited at the potential of a President Ron DeSantis.”
“DeSantis leads the fight against the Woke Left,” Cuccinelli continued, “but Trump wants him removed from office because DeSantis’ book outsold Trump’s book. In the words of President Trump: SAD!”
Under current Florida law, to announce a presidential run, DeSantis would be required to resign as governor. In the coming weeks, his allies in the Florida Legislature are expected to propose and pass a bill that would grant some exemption from the state’s resign-to-run law. Lawmakers previously amended the law in 2008 in case Republican presidential nominee John McCain chose then-governor Charlie Crist as his running mate. The law was changed back in 2018.
Foreman noted that Florida’s ethics committee is controlled by DeSantis appointees. Investigating the complaint will likely take time, he said, and DeSantis could announce a run before the committee has time to fully review the complaint. Even if the ethics committee investigates and rules against DeSantis, its unlikely the committee would call for the governor’s impeachment or levy a massive fine.
“I think it was a good legal filing for them, compared to all the election crap,” Foreman said of Trump and his allies. “They’re making a legitimate case. Let’s see what happens. If you’re going to be a candidate, you need to declare as a candidate.”